-KJN (TEMP)(HC) Chatman v. Evans, No. 2:2010cv00264 - Document 34 (E.D. Cal. 2011)
Court Description: ORDER signed by District Judge Kimberly J. Mueller on 4/1/11 ORDERING the court declines to adopt the findings and recommendations and refers the case back to the Magistrate Judge for consideration of the impact of this new material on the findings and recommendations.(Matson, R)
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-KJN (TEMP)(HC) Chatman v. Evans Doc. 34 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 LARRY A. CHATMAN, 12 Petitioner, No. CIV S-10-0264 KJM KJN (TEMP) P Respondent. ORDER vs. 13 14 M.S. EVANS, 15 / 16 17 On January 21, 2012, the Magistrate Judge issued Findings and 18 Recommendations, finding that the petition in this case had been filed after the expiration of the 19 statute of limitations, rejecting petitioner’s claim that he was entitled to equitable tolling, and 20 recommending that respondent’s motion to dismiss be granted. Petitioner filed objections to the findings and recommendations, supported by 21 22 additional medical records from the relevant period and declarations suggesting that he did not 23 have access to his legal materials during a portion of the limitations period and that he had not 24 prepared the pleadings filed in state and federal court during the limitations period. 25 ///// 26 ///// 1 Dockets.Justia.com 1 In light of this substantial new material, this court declines to adopt the findings 2 and recommendations and refers the case back to the Magistrate Judge for consideration of the 3 impact of this new material on the findings and recommendations. 4 5 IT IS SO ORDERED. DATED: April 1, 2011. 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 2 chat0264.reref 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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